Benefits

Lord McKenzie of Luton: My right honourable friend the Secretary of State for Work and Pensions (James Purnell) has made the following Written Ministerial Statement.
	The proposed rates of benefit for 2009 are set out in the table below. The annual uprating of benefits will take place for state pension and most other benefits in the first full week of the tax year. In 2009, this will be the week beginning 6 April. My right honourable friend the Secretary of State for Northern Ireland proposes to introduce similar changes for Northern Ireland.
	
		
			  Rates Rates 
			 (Weekly rates unless otherwise shown) 2008 2009 
			 Attendance Allowance   
			 Higher rate 67.00 70.35 
			 Lower rate 44.85 47.10 
			 Carer's Allowance 50.55 53.10 
			 Council Tax Benefit   
			 Personal allowances   
			 Single   
			 18 to 24 47.95 50.95 
			 25 or over 60.50 64.30 
			 Entitled to main phase ESA 60.50 64.30 
			 Lone parent 60.50 64.30 
			 Couple 94.95 100.95 
			 Dependent children 52.59 56.11 
			 Pensioner   
			 Single/lone parent—60 to 64 124.05 130.00 
			 Couple-one or both 60 to 64 189.35 198.45 
			 Single/lone parent—65 and over 143.80 150.40 
			 Couple—one or both 65 and over 215.50 225.50 
			 Premiums   
			 Family 16.75 17.30 
			 Family (lone parent rate) 22.20 22.20 
			 Child under one 10.50 10.50 
			 Disability   
			 Single 25.85 27.50 
			 Couple 36.85 39.15 
			 Enhanced disability   
			 Single 12.60 13.40 
			 Disabled child 19.60 20.65 
			 Couple 18.15 19.30 
			 Severe disability   
			 Single 50.35 52.85 
			 Couple (lower rate) 50.35 52.85 
			 Couple (higher rate) 100.70 105.70 
			 Disabled child 48.72 51.24 
			 Carer 27.75 29.50 
			 ESA components   
			 Work-related activity 24.00 25.50 
			 Support 29.00 30.85 
			 Alternative maximum council tax benefit   
			 Second adult getting IS, JSA(IB), ESA(IR) or pension credit 25% of council tax 25% of council tax 
			 First adult(s) student(s) 100% of council tax 100% of council tax 
			 Second adult's gross income :   
			 —under £175.00 15% of council tax 15% of council tax 
			 —£175.00 to £227.99 7.5% of council tax 7.5% of council tax 
			 Capital limits—rules common to income support, income-based jobseeker's allowance, income-related employment and support allowance, pension credit, housing benefit and council tax benefit unless stated otherwise. 
			 Upper limit 16,000.00 16,000.00 
			 Upper limit—pension credit and HB/CTB guarantee credit No limit No limit 
			 Amount disregarded 6,000.00 6,000.00 
			 Child disregard (not pension credit) 3,000.00 3,000.00 
			 amt disregarded (living in RC/NH) 10,000.00 10,000.00 
			 Tariff income £1 for every £250, or part thereof, between the amount of capital disregarded and the capital upper limit. 
			 Tariff income—pension credit and HB/CTB where claimant or partner is aged 60 or over. £1 for every £500, or part thereof, between the amount of capital disregarded and capital upper limit. 
			 Deductions—rules common to income support, jobseeker's allowance, employment and support allowance, pension credit, housing benefit and council tax benefit unless stated otherwise. 
			 Non-dependant deductions from rent rebates and allowances and from IS, JSA(IB), ESA(IR) and pension credit   
			 Aged 25 and over in receipt of IS and JSA(IB), in receipt of main phase ESA(IR), aged 18 or over and not in remunerative work. 7.40 7.40 
			 Aged 18 or over and in remunerative work   
			 —gross income: less than £120.00 7.40 7.40 
			 —gross income: £120 to £177.99 17.00 17.00 
			 —gross income: £178 to £230.99 23.35 23.35 
			 —gross income: £231 to £305.99 38.20 38.20 
			 —gross income: £306 to £381.99 43.50 43.50 
			 —gross income: £382 and above 47.75 47.75 
			 Non-dependant deductions from council tax benefit   
			 Aged 18 or over and in remunerative work   
			 —gross income: £382 or more 6.95 6.95 
			 —gross income: £306 to £381.99 5.80 5.80 
			 —gross income: £178 to £305.99 4.60 4.60 
			 —gross income less than £178 2.30 2.30 
			 Others, aged 18 or over 2.30 2.30 
			 Deductions from housing benefit   
			 Service charges for fuel   
			 Heating 15.45 21.55 
			 Hot water 1.80 2.50 
			 Lighting 1.25 1.75 
			 Cooking 1.80 2.50 
			 Amount ineligible for meals   
			 Three or more meals a day   
			 Single claimant 21.60 22.95 
			 Each person in family aged 16 or over 21.60 22.95 
			 Each child under 16 10.90 11.60 
			 Fewer than three meals a day   
			 Single claimant 14.35 15.25 
			 Each person in family aged 16 or over 14.35 15.25 
			 Each child under 16 7.20 7.65 
			 Breakfast only—claimant and each member of the family 2.65 2.80 
			 Amount for personal expenses (not HB/CTB) 21.15 21.90 
			 Third-party deductions from IS, JSA(IB), ESA(IR) and pension credit for   
			 Arrears of housing, fuel and water costs 3.05 3.25 
			 Council tax etc and deductions for ELDS and ILS   
			 Child support, contribution towards maintenance (CTM)   
			 Standard deduction 6.10 6.50 
			 Lower deduction 3.05 3.25 
			 Arrears of community charge   
			 Court order against claimant 3.05 3.25 
			 Court order against couple 4.75 5.05 
			 Fine or compensation order   
			 Standard rate 5.00 5.00 
			 Lower rate 3.05 3.25 
			 Maximum deduction rates for recovery of overpayments (not CTB/JSA(C)/ESA(C))   
			 Ordinary overpayments 9.15 9.75 
			 Where claimant convicted of fraud 12.00 12.80 
			 Deductions from JSA(C) and ESA(C)   
			 Arrears of community charge, council tax, fines and overpayment recovery   
			 Age 16 to 24 15.98 16.98 
			 Age 25 + 20.16 21.43 
			 Maximum deduction for arrears of child maintenance (CTM)   
			 Age 16 to 24 15.98 16.98 
			 Age 25 + 20.16 21.43 
			 Disregards   
			 Housing Benefit and Council Tax Benefit   
			 Earnings disregards   
			 Standard (single claimant) 5.00 5.00 
			 Couple 10.00 10.00 
			 Higher (special occupations/circumstances) 20.00 20.00 
			 Lone parent 25.00 25.00 
			 Childcare charges 175.00 175.00 
			 Childcare charges (two or more children) 300.00 300.00 
			 Other income disregards   
			 Adult maintenance disregard 15.00 15.00 
			 War disablement pension and war widows pension 10.00 10.00 
			 Widowed mothers/parents allowance 15.00 15.00 
			 Armed Forces compensation scheme 10.00 10.00 
			 Student loan 10.00 10.00 
			 Student's covenanted income 5.00 5.00 
			 Income from boarders (plus 50% of the balance) 20.00 20.00 
			 Additional earnings disregard 16.05 16.85 
			 Income from subtenants 20.00 20.00 
			 Income support, income-based jobseeker's allowance, income-related employment and support allowance and pension credit 
			 Earnings disregards   
			 Standard (single claimant) 5.00 5.00 
			 Couple 10.00 10.00 
			 Higher (special occupations/circumstances) 20.00 20.00 
			 Other income disregards   
			 War disablement pension and war widows pension 10.00 10.00 
			 Widowed mothers/parents allowance 10.00 10.00 
			 Armed Forces compensation scheme 10.00 10.00 
			 Student loan (not pension credit) 10.00 10.00 
			 Student's covenanted income (not pension credit) 5.00 5.00 
			 Income from boarders (plus 50% of the balance) 20.00 20.00 
			 Income from subtenants 20.00 20.00 
			 Dependency increases   
			 Adult dependency increases for spouse or person looking after children—payable with 
			 State pension on own insurance 54.35 57.05 
			 Long-term incapacity benefit and unemployability supplement 50.55 53.10 
			 Severe disablement allowance 30.40 31.90 
			 Carer's allowance 30.20 31.70 
			 Short-term incapacity benefit (over state pension age) 48.65 51.10 
			 Maternity allowance and short-term incapacity benefit. 39.40 41.35 
			 Child dependency increases—payable with: state pension; widowed mothers/parents allowance; short-term incapacity benefit—higher rate or over state pension age; long-term incapacity benefit; carer's allowance; severe disablement allowance; industrial death benefit (higher rate); unemployability supplement. 11.35 11.35 
			 Note—the rate of child dependency increase is adjusted where it is payable for the eldest child for whom child benefit is also paid. The weekly rate in such cases is reduced by the difference (less £3.65) between the CHB rates for the eldest and subsequent children. 
			 Disability Living Allowance   
			 Care component   
			 Highest 67.00 70.35 
			 Middle 44.85 47.10 
			 Lowest 17.75 18.65 
			 Mobility component   
			 Higher 46.75 49.10 
			 Lower 17.75 18.65 
			 Employment and Support Allowance   
			 Personal allowances   
			 Under 25 47.95 50.95 
			 25 or over 60.50 64.30 
			 Lone parent   
			 Under 18 47.95 50.95 
			 18 or over 60.50 64.30 
			 Couple   
			 Both under 18 47.95 50.95 
			 Both under 18 with child 72.35 76.90 
			 Both under 18 (main phase) 60.50 64.30 
			 Both under 18 with child (main phase) 94.95 100.95 
			 One 18 or over, one under 18 94.95 100.95 
			 Both over 18 94.95 100.95 
			 Claimant under 25, partner under 18 47.95 50.95 
			 Claimant 25 or over, partner under 18 60.50 64.30 
			 Claimant (main phase), partner under 18 60.50 64.30 
			 Premiums   
			 Enhanced disability   
			 Single 12.60 13.40 
			 Couple 18.15 19.30 
			 Severe disability   
			 Single 50.35 52.85 
			 Couple (lower rate) 50.35 52.85 
			 Couple (higher rate) 100.70 105.70 
			 Carer 27.75 29.50 
			 Pensioner   
			 Single with WRAC 39.55 40.20 
			 Single with support component 34.55 34.85 
			 Single with no component 63.55 65.70 
			 Couple with WRAC 70.40 72.00 
			 Couple with support component 65.40 66.65 
			 Couple with no component 94.40 97.50 
			 Components   
			 Work-related activity 24.00 25.50 
			 Support 29.00 30.85 
			 Earnings Rules   
			 Carer's allowance 95.00 95.00 
			 Limit of earnings from councillor's allowance 88.50 92.00 
			 Permitted work earnings limit—higher 88.50 92.00 
			 —lower 20.00 20.00 
			 Industrial injuries unemployability supplement permitted earnings level (annual amount) 4602.00 4784.00 
			 Earnings level at which adult dependency (ADI) increases are affected with: short-term incapacity benefit where claimant is   
			 (a) under state pension age 39.40 41.35 
			 (b) over state pension age 48.65 51.10 
			 Maternity allowance 39.40 41.35 
			 State pension, long-term incapacity benefit, severe disablement allowance; unemployability supplement—payable when dependant   
			 (a) is living with claimant 60.50 64.30 
			 (b) still qualifies for the tapered earnings rule 45.09 45.09 
			 Earnings level at which ADI is affected when dependant is not living with claimant   
			 State pension 54.35 57.05 
			 Long-term incapacity benefit and unemployability supplement 50.55 53.10 
			 Severe disablement allowance 30.40 31.90 
			 Carer's allowance 30.20 31.70 
			 Earnings level at which child dependency increases are affected   
			 For first child 185.00 195.00 
			 Additional amount for each subsequent child 25.00 26.00 
			 Pension income threshold for incapacity benefit 85.00 85.00 
			 Housing Benefit   
			 Personal allowances   
			 Single   
			 16 to 24 47.95 50.95 
			 25 or over 60.50 64.30 
			 Entitled to main phase ESA 60.50 64.30 
			 Lone parent   
			 Under 18 47.95 50.95 
			 18 or over 60.50 64.30 
			 Entitled to main phase ESA 60.50 64.30 
			 Couple   
			 Both under 18 72.35 76.90 
			 One or both 18 or over 94.95 100.95 
			 Claimant entitled to main phase ESA 94.95 100.95 
			 Dependent children 52.59 56.11 
			 Pensioner   
			 Single/lone parent—60 to 64 124.05 130.00 
			 Couple—one or both 60 to 64 189.35 198.45 
			 Single/lone parent—65 and over 143.80 150.40 
			 Couple—one or both 65 and over 215.50 225.50 
			 Premiums   
			 Family 16.75 17.30 
			 Family (lone parent rate) 22.20 22.20 
			 Child under one 10.50 10.50 
			 Disability   
			 Single 25.85 27.50 
			 Couple 36.85 39.15 
			 Enhanced disability   
			 Single 12.60 13.40 
			 Disabled child 19.60 20.65 
			 Couple 18.15 19.30 
			 Severe disability   
			 Single 50.35 52.85 
			 Couple (lower rate) 50.35 52.85 
			 Couple (higher rate) 100.70 105.70 
			 Disabled child 48.72 51.24 
			 Carer 27.75 29.50 
			 ESA components   
			 Work-related activity 24.00 25.50 
			 Support 29.00 30.85 
			 Incapacity benefit   
			 Long-term incapacity benefit 84.50 89.80 
			 Short-term incapacity benefit (under state pension age)   
			 Lower rate 63.75 67.75 
			 Higher rate 75.40 80.15 
			 Short-term incapacity benefit (over state pension age)   
			 Lower rate 81.10 86.20 
			 Higher rate 84.50 89.80 
			 Increase of long-term incapacity benefit for age   
			 Higher rate 17.75 15.65 
			 Lower rate 8.90 6.55 
			 Invalidity allowance (transitional)   
			 Higher rate 17.75 15.65 
			 Middle rate 11.40 9.10 
			 Lower rate 5.70 5.35 
			 Income Support   
			 Personal allowances   
			 Single   
			 Under 25 47.95 50.95 
			 25 or over 60.50 64.30 
			 Lone parent   
			 Under 18 47.95 50.95 
			 18 or over 60.50 64.30 
			 Couple   
			 Both under 18 47.95 50.95 
			 Both under 18—higher rate 72.35 76.90 
			 One under 18, one under 25 47.95 50.95 
			 One under 18, one 25 and over 60.50 64.30 
			 Both 18 or over 94.95 100.95 
			 Dependent children 52.59 56.11 
			 Premiums   
			 Family/lone parent 16.75 17.30 
			 Pensioner (applies to couples only) 94.40 97.50 
			 Disability   
			 Single 25.85 27.50 
			 Couple 36.85 39.15 
			 Enhanced disability   
			 Single 12.60 13.40 
			 Disabled child 19.60 20.65 
			 Couple 18.15 19.30 
			 Severe disability   
			 Single 50.35 52.85 
			 Couple (lower rate) 50.35 52.85 
			 Couple (higher rate) 100.70 105.70 
			 Disabled child 48.72 51.24 
			 Carer 27.75 29.50 
			 Relevant sum for strikers 32.50 34.50 
			 Industrial death benefit   
			 Widow's pension   
			 Higher rate 90.70 95.25 
			 Lower rate 27.21 28.58 
			 Widower's pension 90.70 95.25 
			 Industrial injuries disablement benefit   
			 18 and over, or under 18 with dependants   
			 100% 136.80 143.60 
			 90% 123.12 129.24 
			 80% 109.44 114.88 
			 70% 95.76 100.52 
			 60% 82.08 86.16 
			 50% 68.40 71.80 
			 40% 54.72 57.44 
			 30% 41.04 43.08 
			 20% 27.36 28.72 
			 Under 18   
			 100% 83.85 88.05 
			 90% 75.47 79.25 
			 80% 67.08 70.44 
			 70% 58.70 61.64 
			 60% 50.31 52.83 
			 50% 41.93 44.03 
			 40% 33.54 35.22 
			 30% 25.16 26.42 
			 20% 16.77 17.61 
			 Maximum life gratuity (lump sum) 9,090.00 9,540.00 
			 Unemployability supplement 84.50 88.75 
			 Increase for early incapacity   
			 Higher rate 17.75 18.65 
			 Middle rate 11.40 12.00 
			 Lower rate 5.70 6.00 
			 Maximum reduced earnings allowance 54.72 57.44 
			 Maximum retirement allowance 13.68 14.36 
			 Constant attendance allowance   
			 Exceptional rate 109.60 115.00 
			 Intermediate rate 82.20 86.25 
			 Normal maximum rate 54.80 57.50 
			 Part-time rate 27.40 28.75 
			 Exceptionally severe disablement allowance 54.80 57.50 
			 Jobseeker's allowance   
			 Contribution-based JSA—personal rates   
			 Under 25 47.95 50.95 
			 25 or over 60.50 64.30 
			 Income-based JSA—personal allowances   
			 Under 25 47.95 50.95 
			 25 or over 60.50 64.30 
			 Lone parent   
			 Under 18 47.95 50.95 
			 18 or over 60.50 64.30 
			 Couple   
			 Both under 18 47.95 50.95 
			 Both under 18—higher rate 72.35 76.90 
			 One under 18, one under 25 47.95 50.95 
			 One under 18, one 25 and over 60.50 64.30 
			 Both 18 or over 94.95 100.95 
			 Dependent children 52.59 56.11 
			 Premiums   
			 Family/lone parent 16.75 17.30 
			 Pensioner   
			 Single 63.55 65.70 
			 Couple 94.40 97.50 
			 Disability   
			 Single 25.85 27.50 
			 Couple 36.85 39.15 
			 Enhanced disability   
			 Single 12.60 13.40 
			 Disabled child 19.60 20.65 
			 Couple 18.15 19.30 
			 Severe disability   
			 Single 50.35 52.85 
			 Couple (lower rate) 50.35 52.85 
			 Couple (higher rate) 100.70 105.70 
			 Disabled child 48.72 51.24 
			 Carer 27.75 29.50 
			 Prescribed sum for strikers 32.50 34.50 
			 Maternity allowance   
			 Standard rate 117.18 123.06 
			 MA threshold 30.00 30.00 
			 Pension credit   
			 Standard minimum guarantee   
			 Single 124.05 130.00 
			 Couple 189.35 198.45 
			 Additional amount for severe disability   
			 Single 50.35 52.85 
			 Couple (one qualifies) 50.35 52.85 
			 Couple (both qualify) 100.70 105.70 
			 Additional amount for carers 27.75 29.50 
			 Savings credit   
			 Threshold—single 91.20 96.00 
			 Threshold—couple 145.80 153.40 
			 Maximum—single 19.71 20.40 
			 Maximum—couple 26.13 27.03 
			 Amount for claimant and first spouse in polygamous marriage 189.35 198.45 
			 Additional amount for additional spouse 65.30 68.45 
			 Pneumoconiosis, byssinosis and miscellaneous diseases scheme and the workmen's compensation (supplementation) 
			 Total disablement allowance and major incapacity   
			 Allowance (maximum) 136.80 143.60 
			 Partial disablement allowance 50.55 53.10 
			 Unemployability supplement 84.50 88.75 
			 Increases for early incapacity   
			 Higher rate 17.75 18.65 
			 Middle rate 11.40 12.00 
			 Lower rate 5.70 6.00 
			 Constant attendance allowance   
			 Exceptional rate 109.60 115.00 
			 Intermediate rate 82.20 86.25 
			 Normal maximum rate 54.80 57.50 
			 Part-time rate 27.40 28.75 
			 Exceptionally severe disablement allowance 54.80 57.50 
			 Lesser incapacity allowance   
			 Maximum rate of allowance 50.55 53.10 
			 Based on loss of earnings over 67.00 70.35 
			 State pension   
			 Category A or B 90.70 95.25 
			 Category B (lower)—husband's insurance 54.35 57.05 
			 Category C or D—non-contributory 54.35 57.05 
			 Category C (lower)—non-contributory 32.50 34.15 
			 Additional pension Increase by: 5.0% 
			 Increments to   
			 Basic pension Increase by: 5.0% 
			 Additional pension Increase by: 5.0% 
			 Graduated retirement benefit (GRB) Increase by: 5.0% 
			 Inheritable lump sum Increase by: 5.0% 
			 Contracted-out deduction from AP in respect of pre-April 1988 contracted-out earnings  Nil 
			 Contracted-out deduction from AP in respect of contracted-out earnings from April 1988 to 1997 Increase by: 3.0% 
			 Graduated retirement benefit (unit) 0.1098 0.1153 
			 Graduated retirement benefit (inherited) Increase by: 5.0% 
			 Addition at age 80 0.25 0.25 
			 Severe disablement allowance   
			 Basic rate 51.05 57.45 
			 Age-related addition (from Dec 90)   
			 Higher rate 17.75 15.65 
			 Middle rate 11.40 9.10 
			 Lower rate 5.70 5.35 
			 Statutory Adoption Pay   
			 Earnings threshold 90.00 95.00 
			 Standard rate 117.18 123.06 
			 Statutory Maternity Pay   
			 Earnings threshold 90.00 95.00 
			 Standard rate 117.18 123.06 
			 Statutory Paternity Pay   
			 Earnings threshold 90.00 95.00 
			 Standard rate 117.18 123.06 
			 Statutory Sick Pay   
			 Earnings threshold 90.00 95.00 
			 Standard rate 75.40 79.15 
			 Widow's Benefit   
			 Widowed mother's allowance 90.70 95.25 
			 Widow's pension   
			 Standard rate 90.70 95.25 
			 Age-related   
			 Age 54 (49) 84.35 88.58 
			 53 (48) 78.00 81.92 
			 52 (47) 71.65 75.25 
			 51 (46) 65.30 68.58 
			 50 (45) 58.96 61.91 
			 49 (44) 52.61 55.25 
			 48 (43) 46.26 48.58 
			 47 (42) 39.91 41.91 
			 46 (41) 33.56 35.24 
			 45 (40) 27.21 28.58 
			 Note: for deaths occurring before 11 April 1988 refer to age-points shown in brackets.   
			 Bereavement Benefit   
			 Bereavement payment (lump sum) 2,000.00 2,000.00 
			 Widowed parent's allowance 90.70 95.25 
			 Bereavement allowance   
			 Standard rate 90.70 95.25 
			 Age-related   
			 Age 54 84.35 88.58 
			 53 78.00 81.92 
			 52 71.65 75.25 
			 51 65.30 68.58 
			 50 58.96 61.91 
			 49 52.61 55.25 
			 48 46.26 48.58 
			 47 39.91 41.91 
			 46 33.56 35.24 
			 45 27.21 28.58

Department for Transport: Autumn Performance Report

Lord Adonis: My right honourable friend the Secretary of State for Transport (Geoff Hoon) has made the following Ministerial Statement.
	I have today published my department's autumn performance report for 2008 (Cm 7510). Copies have been laid before Parliament and placed in the House Libraries.
	The autumn performance report provides Parliament with a progress report on performance against the departmental strategic objectives, public service agreements (PSAs) and our efficiency programme using data available up to November 2008.

Department of Health: Autumn Performance Report

Lord Darzi of Denham: My right honourable friend the Secretary of State for Health (Alan Johnson) has made the following Written Ministerial Statement.
	I have today laid before Parliament my department's autumn performance report for 2008 (Cm 7519). Copies for honourable Members are available from the Vote Office.
	The autumn performance report provides the first public reporting of progress on our public service agreements, departmental strategic objectives and value-for-money targets set for this comprehensive spending review period.

Energy: Biofuels

Lord Adonis: My right honourable friend the Secretary of State for Transport (Geoff Hoon) has made the following Ministerial Statement.
	I would like to update the House on the Government's progress against commitments set out by my predecessor, the right honourable member for Bolton West, in her Statement on biofuels on 7 July responding to the Gallagher review of the indirect effects of biofuels production.
	As part of that response to the Gallagher review, the Government made a commitment that the EU target of 10 per cent renewable transport fuels by 2020 could remain an overall objective but that it should be subject to certain conditions, namely that the sustainability criteria applicable to the target should address the indirect as well as direct effects on land use; and that the 10 per cent target be subject to rigorous review to take account of the emerging evidence.
	The 10 per cent target is part of the renewable energy directive due to be approved by the European Parliament this week and adopted by the council in the new year, following negotiations between the council, the Commission and the European Parliament.
	The principle of a rigorous review of the 10 per cent target received strong support from the council and the European Parliament and the directive put forward for approval requires the Commission, by 2014, to review the cost-efficiency and sustainability of the target and, if appropriate on the basis of that review, to submit proposals to the council and the European Parliament to take action.
	The UK Government have led the debate in Europe on the need to address the indirect effects of biofuels on land use and so ensure that the renewable energy directive will include sustainability criteria that address these indirect effects. The directive put forward for approval requires the Commission, by 31 December 2010, to submit a report to the council and the European Parliament on the impact of indirect land use change on greenhouse gas emissions. This report shall where appropriate be accompanied by a proposal for a methodology through which the greenhouse gas emissions caused by indirect land use change will be taken into account, with a view to the council and the European Parliament endeavouring to agree this methodology by 2012.
	This recognises the fact that the scientific evidence around the indirect effects of biofuels is not yet certain enough to develop such a methodology now. However, the pace of research into indirect land use change has been accelerating rapidly. The UK Government are working with international partners and scientific experts to develop a biofuels research programme, which will aim to address gaps in the evidence around the indirect effects of biofuels, and through this group we will help to ensure that development of any methodology to take into account indirect land use change is based on the best available science.

EU: Employment, Social Policy, Health and Consumer Affairs Council

Lord McKenzie of Luton: My honourable friend the Parliamentary Under-Secretary of State for Work and Pensions (Jonathan Shaw) has made the following Written Ministerial Statement.
	The Employment, Social Policy, Health and Consumer Affairs Council will be held on 17 December in Brussels. I will represent the UK, except for the agenda items on the working time directive and European work councils, where the UK will be represented by my right honourable friend Pat McFadden, Minister of State for Employment Relations and Postal Affairs. Health and consumer affairs issues are being taken on 16 December.
	The first and main agenda item will be an exchange of views and public debate on the social impact of the economic crisis and implementation of the renewed social agenda. The presidency has tabled a range of documents as background to the discussion, including the Commission's communication on a European economic recovery plan and a paper asking three questions to focus the discussion. The Government broadly welcome the recovery plan and I will outline some of the measures that we have taken in the UK.
	The presidency will report on the current state of play with the working time directive. The Government believe that the common position achieved at the June Employment Council is a good outcome for Europe and remain in full support of it.
	Following a review, the Commission published a proposal on 2 July to recast the European works council directive. The European social parties have produced joint advice on the proposal and have suggested amendments to it. These have been incorporated into the text. The presidency hopes to reach political agreement at the council meeting.
	The council will also seek political agreement on a proposal for a council directive implementing the agreement concluded by the European Community Shipowners' Association (ECSA) and the European Transport Workers' Federation (ETF) on the Maritime Labour Convention 2006 and amending directive 1999/63/EC. The draft directive would implement the agreement of 19 May 2008 on the Maritime Labour Convention (MLC) 2006, between the representatives of employers and employees in the maritime transport sector in respect of the application of seafarers' living and working conditions. The Government strongly support the Maritime Labour Convention and the social partners agreement but has asked for a minute statement recording that, while we agree that the directive should cover the self-employed, we do not accept that Article 139 of the treaty of Rome can provide a legal base for measures intended to apply to the self-employed.
	The presidency will present a progress report on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation. This directive is intended to fill in the gaps and remove the existing hierarchy of equality rights in EU protection against discrimination and harassment. The Government welcome the opportunity to consider the Commission's proposal for a new directive and will work to ensure that any directive adopted is effective in eliminating discrimination, while ensuring that it is in harmony with the delicate balances in our own national legislation.
	The council will seek to adopt the common position on the amended proposal for a regulation for implementing regulation (EC) No. 883/2004 on the co-ordination of social security systems and for determining the content of the annexes. The council will agree the text of the whole regulation, which implements the co-ordination rules and which has been dealt with on a chapter-by-chapter basis by several presidencies. The Government are content with the final proposal and fully support the council text.
	The council will seek the adoption of conclusions on the active inclusion of people excluded from the labour market. Following two consultations, the European Commission published a proposal on 3 October 2008 outlining action at EU level to deepen the open method of co-ordination through the adoption of common principles and subsequent monitoring and evaluation in the areas which contribute to active inclusion. Active inclusion covers minimum income, active labour market policy and access to services. The text is acceptable to the Government.
	The council will also seek adoption of two sets of conclusions on the review of the implementation by the member states and the EU institutions of the Beijing platform for action. The presidency has looked at two areas: indicators concerning women and armed conflicts, and the reconciliation of work and family life. The Government welcome the indicators, recognise the importance of the implementation of the Beijing platform for action and are content with the text of both sets of conclusions.
	Under any other business, there will be progress reports from the presidency on proposals for two directives, the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity. There will be information from the presidency and Commission on the recent follow-up to the forum on workers' rights and the recent Euroskills events. There will also be reports from the presidency of recent conferences. The Commission will also provide information on the economic and social impact of directive 2005/47/EC on the working time of cross-border workers, which applies generally to the train crew of international rail services.

EU: Energy Council

Lord Hunt of Kings Heath: I attended the Energy Council meeting on 8 December.
	The council agreed a general approach on the proposed recast of the eco-design directive, which establishes a framework for the setting of eco-design requirements for energy-related products.
	Following presentations by the Commission of its communication on the second strategic European energy review, and by the European Investment Bank on finance for energy investment, there was a debate on energy security structured around questions prepared by the French presidency. The debate focused on infrastructure, external relations and energy efficiency and interventions by Ministers will help to prepare the conclusions of the Energy Council and the European Council in spring 2009.
	The Commission and presidency also presented information on a number of international relations events which have taken place or are due to take place under the French presidency, including the EU-Russia Permanent Partnership Council and the ministerial conference of the energy community treaty.
	In the final part of the meeting, the Commission outlined developments on the SET plan to promote increased co-operation of research institutes in pan-EU programmes. A communication on financing low-carbon technologies is due to follow in 2009.
	Over lunch, the presidency updated the council on progress on the climate and energy legislative package, focusing particularly on the renewables directive. The presidency aims to reach agreement on the package with the European Parliament by the end of the year.

EU: General Affairs and External Relations Council

Lord Malloch-Brown: My right honourable friend the Minister for Europe (Caroline Flint) has made the following Written Ministerial Statement.
	My right honourable friend the Foreign Secretary (David Miliband) represented the UK at the General Affairs and External Relations Council in Brussels.
	The agenda items covered were as follows:
	General Affairs
	Preparation of the European Council on 11 and 12 December 2008
	The presidency said that the December European Council would concentrate on the economic and financial crisis, the 2020 climate change package and the Lisbon treaty.
	On the economic and financial crisis, my right honourable friend the Foreign Secretary noted the importance of the discussion at the December European Council, in particular on the need for fiscal stimulus.
	My right honourable friend the Foreign Secretary also noted that agreement of the 2020 package was important in order for the EU to continue to lead global efforts against climate change.
	The Government broadly welcome the presidency's agenda and strongly support their intention for Foreign Ministers to discuss the Middle East in the margins of the European Council.
	Enlargement
	Ministers agreed GAERC conclusions on EU enlargement that: reconfirmed the council's consensus in support of enlargement on the basis that the EU should stick to its commitments, apply conditionality fairly and rigorously, and improve communication; welcomed the European Commission communication of 5 November on enlargement strategy and progress reports for candidates and potential candidates; and took stock of the progress of accession negotiations with Turkey and Croatia, urging both countries to redouble their efforts to implement the necessary reforms.
	External Relations
	World Trade Organisation (WTO)/Doha Development Agenda (DDA)
	The presidency recalled the November statement by the G20 on the need to make progress by the end of the year. The UK spoke in support of the Commission's efforts in negotiating on behalf of the EU and noted that the financial crisis made a deal now more valuable than in July; it was important as a demonstration that member states could act on the G20 statement and provide a global response to a global problem. The presidency noted that if, as expected, a WTO ministerial were called later in December, the GAERC would meet in a parallel special session, as it did during the last ministerial in July.
	Western Balkans
	Ministers welcomed the deployment of the EU's rule of law mission, EULEX, which began operating throughout Kosovo on 9 December 2008. They also approved conclusions, which the Government support, largely sharing the assessments in the Commission's progress reports for western Balkans countries.
	The council welcomed the Commission's intention to present a study in autumn 2009 that will examine ways of taking forward Kosovo's European perspective in line with the European Council conclusions of December 2007 and June 2008.
	Ministers also recognised Serbia's progress in improving co-operation with the International Criminal Tribunal for the former Yugoslavia (ICTY), while reiterating the requirement for full co-operation. Ministers also underlined the importance of Serbia taking a constructive approach to regional co-operation. They highlighted again that Serbia had the capacity to accelerate its progress towards the EU, including attaining candidate status, once the necessary conditions had been met.
	Ministers once again expressed concern at the political situation in Bosnia and Herzegovina. They urged Bosnian leaders to address themselves to the reforms necessary for the country to move towards the EU and to meeting the objectives and conditions needed for closure of the Office of the High Representative. The EU would need to strengthen its role in Bosnia.
	Middle East
	Ministers adopted conclusions that reaffirmed the EU's commitment to supporting the Middle East peace process into 2009 through a comprehensive regional approach. In particular the EU condemned all violence especially in Gaza and rocket attacks against civilians. The conclusions urged a halt to settlement activity and call for the improvement of the humanitarian situation in Gaza with the reopening of crossing points. The European Union also expressed support for the Egyptian mediation efforts for Palestinian reconciliation and welcomed efforts by the Arab League to put the Arab peace initiative back on the table.
	The council also approved in principle the building up of relations between the EU and Israel, while insisting that this deepening of relations encourage the Israeli authorities to do more to improve living conditions on the ground in the Palestinian Authority and contribute to advancing the peace process. At the same time, Ministers welcomed the deepening of the EU's relations with the Palestinian Authority and looked forward to further progress, including the possibility of a summit.
	Democratic Republic of Congo (DRC)
	The council agreed conclusions that reiterated its support for efforts by the UN mission in DRC (MONUC) on the ground and encouraged it to continue to strengthen its deployment in North Kivu; welcomed the adoption on 20 November of UN Security Council Resolution 1843 authorizing the expansion of MONUC; took note of the UN Secretary-General's request to High Representative Solana for an interim European military force to support MONUC; and asked Solana and the Commission to prepare rapidly elements for a technical, humanitarian and political response, taking into account comments submitted.
	My right honourable friend the Foreign Secretary expressed a desire to see continued EU engagement in the DRC; any specific options required further study.
	Zimbabwe
	The council conclusions, which the Government strongly support, reiterated the EU's deep concern at the deteriorating humanitarian situation in Zimbabwe, particularly as a result of the cholera epidemic and the continuing violence against supporters of the MDC; recalled the importance of reaching a fair and viable power-sharing agreement without delay; and demanded respect for the principles of humanitarian aid and, in particular, respect for the principle of impartiality and equal access to humanitarian aid for the entire Zimbabwean population.
	The council extended EU measures against the ZANU-PF regime, adding a further 11 names to the asset freeze and visa ban list.
	Pakistan
	The Government support the council conclusions, which welcomed Pakistan's return to democracy and commitment to step up measures to counter terrorism and extremism, while underlining the importance of improving relations between Pakistan and its neighbours, particularly India and Afghanistan.
	Ministers also committed to further developing EU political dialogue in a number of areas including: trade and development; intercultural exchange; non-proliferation; human rights; counterterrorism; and radicalisation and education. They also agreed to intensify political dialogue in line with EU commitments to enhance engagement with Pakistan including, if possible, at an ad hoc summit under the Czech presidency in the first half of 2009. The conclusions acknowledged Pakistan's request to initiate the process for an EU-Pakistan free trade agreement and committed to examining all the options aimed at enhancing trade relations.
	The council adopted separate conclusions condemning the terrorist attacks in Mumbai, India, strongly encouraging the strengthening of regional co-operation in the fight against terrorism, expressing the EU's hope that Pakistan will co-operate fully with India on the investigation into the attacks and supporting continued dialogue between India and Pakistan to enable greater bilateral co-operation and overall regional stability.
	European Security and Defence Policy (ESDP)
	Ministers agreed declarations on improving the military capabilities of EU member states and on international security; and formally approved the operation to improve maritime security off the coast of Somalia.
	Ministers also approved a review by High Representative Solana of the implementation of the European security strategy, which Solana will present to heads at the December European Council. The Government can welcome the broad direction of the document and its key policy conclusions—greater coherence, engagement with the neighbourhood and capabilities.

Food: Meat

Lord Darzi of Denham: My right honourable friend the Minister of State, Department of Health (Dawn Primarolo) has made the following Written Ministerial Statement.
	On 6 December 2008 the Irish Government announced that levels of dioxins and polychlorinated biphenyls (PCBs) exceeding the maximum permitted levels had been found in animal feed and pork fat in the Republic of Ireland.
	Maximum levels for dioxins and dioxin-like PCBs in meat, fish, eggs, milk and other foods have been set by the European Commission. These are set at a very low level in order to reduce consumer exposure as much as possible. Levels of dioxins found in pork fat from the Republic of Ireland were reported to be 80 to 200 times greater than the permitted maximum levels.
	The Irish Government advised that they were recalling all pork and pork products made in the Republic of Ireland since 1 September 2008.
	Pork derived from pigs reared, slaughtered and processed in Northern Ireland is not affected by this incident. However, 13 meat processing plants in Northern Ireland had received pork from the Republic of Ireland.
	On the basis of this information, the Food Standards Agency issued precautionary advice to consumers not to eat pork or pork products, such as sausages, bacon, salami and ham, labelled as being from the Republic of Ireland or Northern Ireland.
	During the course of last week, additional information became available on which farms in the Republic of Ireland had received contaminated feed. This enabled food retailers and manufacturers to trace their supplies of pork and identify whether it had been affected. The current position is that in the United Kingdom and the rest of Europe shops, manufacturers and caterers that can trace the origin of any pork directly to a farm that is unaffected by contaminated feed are able to continue selling their products. The food businesses will need to be able to demonstrate to local authorities that any pork on sale is unaffected.
	Food businesses are being advised to test products such as pork pies and sausages which contain more than 20 per cent of Irish pork from affected farms, to make sure that they do not contain illegal levels of dioxins. Products that contain less than 20 per cent of Irish pork do not have to be tested or withdrawn from sale.
	From the information that we have at this time we consider the risk to consumers from this incident to have been very low. Consumers have been advised not to worry if they think that they may have eaten affected products. The Food Standards Agency's assessment is that health effects are likely only if people are exposed to relatively high levels of this contaminant for long periods; that will not have occurred as a result of this incident.
	This view has been supported by the assessment from the European Food Safety Authority (EFSA). It has advised that if someone ate Irish pork, of which 10 per cent was affected by the contamination, each day throughout the past 90 days, the amount of chemicals that accumulate in the body would increase by approximately 10 per cent. EFSA considers this increase to be of no concern for this event lasting approximately three months. In the UK, the level of exposure will be much lower because most pork on the market is not from Ireland.
	It has also been confirmed that the contaminated feed has been supplied to cattle farms in both the Republic of Ireland and Northern Ireland. The Irish Government have concluded on the basis of their testing of affected cattle that there is no public health risk associated with beef.
	Samples are being taken from carcasses in Northern Ireland and the results will determine the course of action to be taken. The Food Standards Agency is following the European Commission's advised approach that neither pigs nor cattle should be cleared solely on the basis of PCB marker results but should await full dioxin test results.
	Eight affected cattle herds in Northern Ireland are currently under restrictions. Cattle and carcasses from these herds will remain restricted and will not enter the food chain until the Food Standards Agency and the European Commission are fully satisfied that, from the results, the cattle from these herds are fit to eat. Investigations are continuing to establish whether any potentially affected beef had entered the market prior to restrictions being put in place. Farmers and the food industry are acting responsibly and fully co-operating with the authorities.

Home Office: Autumn Performance Report

Lord West of Spithead: My right honourable friend the Secretary of State for the Home Department (Jacqui Smith) has today made the following Written Ministerial Statement.
	The Home Office autumn performance report 2008 (Cm 7512) has been laid before Parliament and published today.
	The report provides an update on performance against the targets we set in the 2004 Spending Review and any 2002 targets that are still current. It shows that we have met our targets to reduce crime, increase confidence and bring more offences to justice. The latest data also show that we are ahead of our target to reduce unfounded asylum intake and we are on course to reduce the harm caused by drugs.
	It includes our first report against the 2007 public service agreements that are led by the Home Office and came into effect in April this year. These PSAs are: ensure controlled, fair migration that protects the public and contributes to economic growth; make communities safer; reduce the harm caused by alcohol and drugs; and reduce the risk to the UK and its interests overseas from international terrorism.
	The report also includes information on our progress with implementing outstanding Public Accounts Committee recommendations.
	Copies of the report are available in the Vote Office. The report is also available on the Home Office website.

Ministry of Defence: Autumn Performance Report

Baroness Taylor of Bolton: My right honourable friend the Secretary of State for Defence (John Hutton) has made the following Written Ministerial Statement.
	I have today placed in the Library of the House copies of the Ministry of Defence's autumn performance report. Success on operations, particularly those in Iraq and Afghanistan, remains our highest priority and the Armed Forces, supported by their civilian colleagues, continue to work towards this.

RAF Puma ZA938

Baroness Taylor of Bolton: My right honourable friend the Minister of State for Defence (Bob Ainsworth) has made the following Written Ministerial Statement.
	I wish to inform the House today of the findings of the Royal Air Force board of inquiry into the accident involving RAF Puma ZA938 in Iraq on 20 November 2007, which sadly resulted in the deaths of two servicemen, Sergeant John Battersby, Queen's Lancashire Regiment, and Corporal Lee Fitzsimmons, Royal Marines. Our deepest sympathies remain with their families and friends. Two other servicemen were seriously injured in the incident.
	The purpose of a board of inquiry is to establish the circumstances of the loss and to learn lessons from it; it does not seek to apportion blame.
	The board of inquiry was convened on 21 November 2007. It considered a large amount of evidence. On 20 November 2007, ZA938 was supporting UK operations in Iraq as part of a formation of helicopters to deliver troops to an identified landing site. Due to the tactical situation, ZA938 made a steeper than normal approach to its landing site. It made a heavy landing, with a small amount of forward movement, after which it rapidly became unstable. Fearing that the aircraft might topple over, the pilot elected to take off again. During this manoeuvre the Puma struck the ground and rolled over on to its right side. The aircraft quickly caught fire and was destroyed.
	The board concluded that the main cause of the accident was controlled flight into terrain, brought about by the handling pilot's disorientation due to the use of an incorrect technique for a dust take-off. A number of contributory and aggravating factors were also identified.
	A redacted version of the BOI findings is being placed in the Library of the House. In addition, a redacted version will be available on the MoD internet site at www.mod.uk/DefenceInternet/AboutDefence/CorporatePublications/BoardsOfInquiry/.
	The safety of our people is a principal consideration and we have therefore removed from the report information that might endanger the security or capability of UK and coalition personnel. We have, however, tried to be as open as possible and have carefully considered the public interest arguments for and against disclosure of the information in the report. We have ensured that each redaction is fully justified by an appropriate exemption in the Freedom of Information Act.
	I remind the House that the purpose of the inquiry, in identifying those factors which contributed to the loss, is to identify lessons to be taken forward to minimise the risk of a similar incident happening again. The board president and the chain of command made a number of recommendations regarding supervision; cabin security; adherence to standard operating procedures; post-crash management; aircrew qualifications; engineering issues; brownout; and aircrew equipment assembly issues that are now being studied closely. It made recommendations in 10 areas, which resulted in over 20 separate actions, of which two-thirds have been implemented and urgent work is under way on the rest.
	The board of inquiry into the accident involving Puma ZA938 is now complete. I express my gratitude to the president of the board and his team for their painstaking work.
	The Ministry of Defence is co-operating fully with the Herefordshire coroner who will hold an inquest in due course.

Secure Training Centres: Physical Restraint

Lord Bach: My right honourable friend the Minister of State (David Hanson) has made the following Written Ministerial Statement.
	In a Written Ministerial Statement on 29 October (Official Report, Commons, col. 33WS), my right honourable friend the Minister of State for Children, Young People and Families and I announced our intention to publish the report of the joint review of restraint in juvenile secure settings by 15 December, together with the Government's response.
	I have today laid before Parliament the Government response to the Review of the Use of Restraint in Juvenile Secure Settings (Cm 7501). I am with my right honourable friend the Minister of State for Children, Young People and Families also today publishing the report of the joint review of restraint in juvenile secure settings. Copies of the review have been placed in the Libraries of both Houses, the Vote Office and the Printed Paper Office. They can also be accessed on the websites of the Department for Children, Schools and Families and the Ministry of Justice at http://publications.dcsf.gov.uk/ and www.justice.gov.uk/publications/restraint-review.htm and www.justice.gov.uk/publications/govt-response-restraint-review.htm.
	The joint review looked in depth at the range of issues relating to use of restraint, particularly the question of safety. It recommends substantial changes in relation to the systems approved for use in young offender institutions and secure training centres. It also recommends that all systems used in the under-18 secure estate should be accredited and proposes significant improvements relating to training, monitoring, inspection and reporting.
	We have accepted almost all of the review's recommendations. We are very grateful to Peter Smallridge and Andrew Williamson, the co-chairs of the review, for the work that they have done to illuminate this important and sensitive area of policy and for the practical proposals that they have made. We believe that the joint review and the steps that we are taking in response to it should make possible a broad measure of agreement on questions relating to use of restraint in the under-18 secure estate. We will make available an additional £4.9 million over the next two years to support the package of measures to drive change, including enhanced training in working with young people, defusing difficult situations and behaviour management, so that we can be certain that restraint is only ever used as a last resort and with vigorous safeguards.
	A number of other documents relating to safeguarding in the under-18 estate are also being published today. The youth justice elements of the Government's response to the third joint chief inspectors' report on safeguarding can be accessed on the DCSF website at www.dcsf.gov. uk/publications/safeguardingchildrenresponse/. The Youth Justice Board is publishing its review of safeguarding in the under-18 secure estate at www.yjb.gov.uk/safeguarding and we are updating the action plan that we published in March in response to the recommendations of the coroners following the inquests into the deaths of Gareth Myatt and Adam Rickwood at www.justice.gov.uk/publications/response-coroners-inquests-dec08.htm.

Terrorism: Control Order Powers

Lord West of Spithead: My honourable friend the Minister of State for the Home Department (Vernon Coaker) has today made the following Written Ministerial Statement.
	Section 14(1) of the Prevention of Terrorism Act 2005 (the 2005 Act) requires the Secretary of State to report to Parliament as soon as reasonably practicable after the end of every relevant three-month period on the exercise of the control order powers during that period. The level of information provided will always be subject to slight variations based on operational advice. Control orders continue to be an essential tool to protect the public from terrorism, particularly where it is not possible to prosecute individuals for terrorism-related activity and, in the case of foreign nationals, where they cannot be removed from the UK.
	As stated in previous quarterly Statements on control orders, control order obligations are tailored to the individual concerned and are based on the terrorism-related risk that that individual poses. Each control order is kept under regular review to ensure that obligations remain necessary and proportionate. The Home Office continues to hold control order review groups (CORGs) every quarter, with representation from law enforcement and intelligence agencies, to keep the obligations in every control order under regular and formal review and to facilitate a review of appropriate exit strategies. During this reporting period, seven CORGs were held in relation to the orders currently in force. In addition, further meetings were held on an ad hoc basis as specific issues arose.
	In total, 15 control orders are currently in force, four of which are in respect of British citizens. Three individuals subject to a control order live in the Metropolitan Police Service area; the remaining individuals live in other police force areas. All of these control orders are non-derogating. Two individuals have been charged with breaching their control order obligations; no prosecutions for breaching a control order were completed during this reporting period.
	During this reporting period, 96 modifications of control order obligations were made. Twenty-three requests to modify a control order obligation were refused. A right of appeal is provided for by Section 10(1) of the 2005 Act against a decision by the Secretary of State to renew a non-derogating control order or to modify an obligation imposed by a non-derogating control order without consent. A right of appeal is also provided for by Section 10(3) of the 2005 Act against decisions by the Secretary of State to refuse a request by a controlled person to revoke their order and/or to modify any obligation under the order. Two appeals have been lodged with the High Court by controlled persons relating to modifications to orders or the renewal of orders in this reporting period, one of which has been withdrawn.
	Both the Secretary of State and the controlled person have appealed to the Court of Appeal in this reporting period in the case of Secretary of State for the Home Department v Abu Rideh, subsequent to the judgment of the High Court in the substantive review of Abu Rideh's control order handed down in the last reporting period. Another controlled person has applied to the Court of Appeal for permission to appeal against a High Court judgment in relation to a modification appeal handed down in the last reporting period.
	Five judgments have been handed down by the High Court in control order cases during this reporting period and one judgment has been handed down by the Court of Appeal. Two of these High Court judgments were in relation to modification appeals. In Secretary of State for the Home Department v AM, a judgment was handed down on 11 September 2008. The court looked at a number of modification requests and ruled in favour of the controlled person for some of the requests and in favour of the Secretary of State for one. A judgment was handed down in the case of Secretary of State for the Home Department v AS on 3 October 2008. The court ruled in favour of the controlled person subject to a number of conditions agreed between the parties.
	On 14 November 2008, the High Court handed down judgment in the case of Secretary of State for the Home Department v AR, AT, AU, AV and AW. The judgment related to the generic aspects of the case against five individuals who are subject to control orders. The court found that the proceedings, thus far, were compatible with Article 6 (right to a fair trial) of the European Convention on Human Rights (ECHR). The judgment was provisional and will form the background for the substantive review of each of the individual cases under Section 3(10) of the 2005 Act.
	On 17 October 2008 the High Court handed down a judgment in relation to an application made by the Times Newspapers Ltd to the court to lift the anonymity order in the case of AY. This application was opposed both by the Secretary of State and AY. The court ruled that the anonymity order should remain in place. The Times Newspapers Ltd was granted permission to appeal to the Court of Appeal but no appeal was lodged with the Court of Appeal.
	On 24 November 2008 the High Court handed down an oral judgment in the case of Secretary of State for the Home Department v NN. This judgment, relating to the substantive review of NN's control order under Section 3(10) of the 2005 Act, quashed NN's control order. A written judgment will be handed down at a later date.
	The Court of Appeal handed down judgment in the case of Secretary of State for the Home Department v AE, AF, AM and AN on 17 October 2008. The Court of Appeal upheld the appeals of the Secretary of State in the cases of AN and AF in relation to Article 6 of the ECHR and dismissed the appeal of AE in relation to Article 6. The Court of Appeal dismissed AE's appeal in relation to Article 5 (right to liberty) of the ECHR. The appeal of the Secretary of State in the case of AM was also dismissed. The Court of Appeal sought to interpret the judgment of the House of Lords in October 2007 in the cases of MB and AF relating to Article 6. In summary, the majority found that there is no principle that a hearing will be unfair in the absence of open disclosure of an irreducible minimum allegation or evidence. The majority also found that in assessing whether a hearing had been unfair the court must look at all the circumstances of the case including the steps taken to disclose material in open, the effectiveness of the special advocates and the difference that disclosure may have made. The Court of Appeal granted permission for AE, AF and AN to appeal to the House of Lords on Article 6 grounds.
	Full judgments in most of these cases are available at www.bailii.org/.